 Building on lessons learned and experience gained under the native title system, traditional owners and the regional council on Far North Queensland’s Atherton Tablelands have developed an agreement that shapes the community’s future.
The Tableland Yidinji People and Tablelands Regional Council signed an indigenous land use agreement (ILUA) on 24 April, in Atherton, that protects Aboriginal cultural heritage and establishes how consultation for development will progress.
Tribunal Member Gaye Sculthorpe.
Under the ILUA the Tableland Yidinji People have been recognised as the traditional owners of 437sq km of land and waters around Atherton, where they have a registered native title claim.
The agreement area, over 423sq km, includes the native title claim area within the local government shire.
• Tribunal Member Gaye Sculthorpe
• Tableland Yidinji elder Catherine Joseph
• Tablelands Regional Council Mayor Tom Gilmore
Tribunal Member Gaye Sculthorpe, who mediated between the two groups, said the agreement had only taken a year to negotiate because the groups had used a template ILUA, developed by the Local Government Association of Queensland (LGAQ) and representatives of other native title claimant groups, as a guiding framework.
“The template ILUA provided a very good starting point for the parties and set out steps to follow and key points that had to be addressed,” Dr Sculthorpe said.
“The agreement they’ve reached is a clear example of how experience and knowledge gained in the last 16 years since the Native Title Act was introduced can be harnessed and built upon to reach advantageous results more quickly.”
Tableland Yidinji elder and native title claimant, Catherine (Nola) Joseph, said that during negotiations the Tableland Yidinji People and the council built a relationship and an understanding of one another’s perspectives.
The agreement benefited the group as they would be consulted about development and would be paid to monitor certain construction works.
“It’s recognition, which we’ve never had,” Ms Joseph said.
“We were never recognised as traditional owners of the area. Aboriginal people weren’t recognised for a long time and now we feel like we’re included.
“It gives us the opportunity if something occurs in the future [such as a big project] and there will be a chance for employment for our people.”
Ms Joseph said she hoped the recognition was a stepping stone to achieving native title recognition.
“We feel this is like a milestone—it’s brought us more into the picture,” she said.
“I hope the future will be brighter for our young people and there will be more opportunities.”
Tablelands Regional Council Mayor Tom Gilmore said LGAQ’s template ILUA, which was developed by 16 councils and three native title parties, helped move the negotiations along because it included processes that could be tweaked to accommodate both the claimant group and council.
He recommended that other councils use the template as it saved time, money and energy that would otherwise be spent to develop a similar outcome.
“It allows the parties to concentrate on local issues rather than re-inventing the wheel,” he said.
“Negotiation and agreement-making benefit both parties as each can understand the relevance, importance and best way forward to achieving a win-win outcome.”
Mr Gilmore said the ILUA benefited the whole community as there was now a clear process for delivering infrastructure in a timely manner, with consideration of native title and cultural heritage compliance. |